ARUN KUMAR SARMA Vs. RANEE NARAH

JUDGEMENT

(1.) BY this application under Order 6 Rule 16 of the Code of Civil Procedure read with Section 151 of the Code and Sections 83 and 87 of the Representation of the Peoples Act, 1951 (hereinafter referred to as the 'act'), the respondent No. 1/applicant seeks to strike out the contents of various paragraphs of the Election Petition No. 2/2004.

(2.) I have heard Mr. K. Agarwal, learned counsel for the applicant and Mr. AB Choudhury, Senior Advocate assisted by Mr. J. Abedin, Advocate for the Election Petitioner/opposite Party.

(3.) A brief factual background of the present list is necessary, Pursuant to the notification issued by the Election Commission of India for constituting the 14th Lok Sabha of the country, election amongst others to No. 14 Lakhimpur Parliamentary Constitutency in the State of Assam was held on 26. 04. 2004 and the results were declared on 13. 05. 2004. The Election petitioner and the respondent Nos 1 to 10 in the Election petition contested the election from the said Constituency. The Election petitioner was set up as a candidate of the India National Congress, while the respondent No. 1/applicant entered the fray as a candidate of the Assam Gana Parishad The Election Petitioner polled 2,72,717 votes in the face of 3,00,865 votes polled by the respondent No. 1/applicant. Accordingly, the respondent No. 1/applicant was declared elected from the aforementioned constituency.